JUDGMENT

Azlan Sulaiman J:

Introduction

[1] By Originating Summons No: WA-24C-145-09/2024 ("OS 145"), MN Permai Netcom Sdn Bhd (now known as Netcomx Sdn Bhd) ("MN Permai") is essentially invoking ss 15(b), 15(c), 15(d) and 16(1)(b) of the Construction Industry Payment and Adjudication Act 2012 ("Act") to:

(i) Declare that an Adjudication Decision dated 28 August 2024 ("Adjudication Decision") that Hallmark Season Sdn Bhd ("Hallmark") had obtained against it is invalid, null and void; or

(ii) Set aside the Adjudication Decision; or

(iii) Stay the Adjudication Decision pending the outcome of Kuala Lumpur Civil Suit No: WA-22NCvC-451 -08/2023 ("Civil Suit").

[2] By Originating Summons No: WA-24C-154-10/2024 ("OS 145"), Hallmark is in turn invoking s 28 of the Act to enforce the Adjudication Decision against MN Permai.

[3] As a matter of prudence, I heard both Originating Summonses together. This Judgment is thus on both.

[4] Further as a matter of prudence, I will decide OS 145 first and then only OS 154, not just because of the order in which they were filed but for the simple reason that, if the Adjudication Decision is set aside, then there will be nothing left to enforce.

Salient Backgrou